Description
For those of you who missed our February 2026 conference on "Immigration Justice for Criminalized Survivors, " the recordings are now available for purchase. The online training is composed of five separate sessions. You can buy all five sessions togheter and save $100 or buy individual sessions.
This two-day conference is intended for intermediate attorneys and DOJ Accredited Representatives who have experience or interest in working with immigrant survivors of sexual assault, domestic violence, human trafficking or other crimes, and who have interacted with the criminal legal system as the person accused.
Join ASISTA attorneys and a panel of national experts as we dive deep into issues affecting immigrant survivors who have interacted with the criminal legal system, outside of their own victimization. On Day 1, we start by identifying when an interaction presents a hurdle to survivor-based relief, covering both what the legal hurdles may be, and how to properly use the categorical analysis to tell if they exist. On Day 2, we turn to ways to overcome such crime-related hurdles to relief, as well as covering options for survivors in crime-related immigration detention, and trends in enforcement and discretion affecting this population. In a system intent on painting immigrants as dangerous criminals at every opportunity, this conference will give you what you need to challenge that premise and best position your clients for the humanitarian protection Congress intended for them.
Session 1: Impacts of Criminal History on Humanitarian Immigration Eligibility (1.5 hrs.)
In Session One, we lay out the legal consequences that contact with the criminal legal system may have on a survivor’s eligibility for U, T, and VAWA-related relief. We answer: Which inadmissibility grounds turn on which types of contacts? Which have exceptions? When is a contact a conditional bar, permanent bar, or mere possible “catch-all” bar to good moral character? When does it matter that a survivor was arrested in the same event on which their humanitarian application is based?
Speakers:
- Daniella Prieshoff, Senior Attorney, Tahirih Justice Center
- Lia Ocasio, Staff Attorney, ASISTA.
Session 2: Applying the Categorical Analysis in 2026 (1.5 hrs.)
The legal consequences of most criminal legal system contacts turn on a correct application of the so-called “categorical analysis.” Always a complicated concept, this analysis has been refined in recent years and it is important to understand when it applies, when the modified categorical approach applies instead, and when a fact-based inquiry will be permitted. In this session, we walk through it all, using hypothetical scenarios to illustrate the steps and nuances. Attendees will come away better able to predict the true consequences of their clients’ criminal histories – and better able to correct misconceptions about this by adjudicators.
Speakers:
- Elena Noureddine, Senior Staff Attorney, Immigrant Defense Project
- Rebecca Eissenova, Staff Attorney, ASISTA.
Session 3: What You Need to Know About Crime-Based Detention (1 hr.)
When a criminalized survivor enters the immigration court system, ICE may assert they are subject to mandatory detention. In this session, we discuss when that assertion is correct, and how to argue against it. We also discuss the impact of a criminal history on discretionary detention and policy changes affecting survivors in detention and their options for release.
Speakers:
- Helen Parsonage, Immigration, State & Federal Criminal Defense Board Certified Specialist in North Carolina, EMP Law
- Heather Ziemba, Anti-Trafficking Staff Attorney, ASISTA.
Session 4: Overcoming Criminal History-Based Hurdles to Relief (2 hrs.)
That a criminal history creates a hurdle to relief does not necessarily mean relief is impossible. In this session, we describe the waivers of criminal inadmissibility grounds available to survivors seeking U or T status, or adjustment of status based on a T or VAWA petition. We describe how to address conditional bars to good moral character for a VAWA self-petitioner, specific survivor-related defenses in removal proceedings, and even the possibility of post-conviction relief.
Speakers:
- Carla Gomez, Crim-Immigration Attorney, Marin County Public Defender's Office
- Onyx Starrett, Criminal-immigration Expert, Santa Barbara County Public Defender Office
- Kelly Byrne, Staff Attorney, ASISTA.
Session 5: Current Landscape and Emerging Solutions (2 hrs.)
Much has changed in the past year, including enforcement patterns affecting both criminalized and non-criminalized survivors. In this final session we discuss the latest law, and policy changes affecting criminalized survivors, trends, and how best to position your client for a vigorous defense against removal. We also cover strategies in development across multiple jurisdictions.
Speakers:
- Kel White, Associate Program Director for Public Education & Training, Acacia Center for Justice
- Cristina Velez, Legal & Policy Director, ASISTA.
Disclaimer: Content is current as of date of recording. It is your responsibility to ensure content is up to date. Written materials accompany the webinar. Please note that you will not receive CLE credit for watching the recording.
